Perjury case
Vijay
(Querist) 14 July 2017
This query is : Resolved
Dear Experts,
I am facing trial of DV Act filed by my wife. In this case she is seeking maintenance for herself,
She filed an affidavit stating that she is unemployed. Thus unable to maintain herself.
I counter this by filing Application of perjury u/s 193,195 and 340 Cr.P.C.with evidence like her Salary Slip with Salary A/c statement which shows that her salary is 35,000
But judge rejected the Application of perjury saying that because evidence is available that she is working so there is no need for further enquiry as prescribed u/s 340 Cr.P.C
Question:
But now it is proved that she willfully lied before the court. So, why not she should be prosecuted for that?
P. Venu
(Expert) 15 July 2017
Yes, there is perjury. But judicial officers reluctant to take action as they are required to appear before the Magistrate and give evidence.
Vijay
(Querist) 15 July 2017
Thanks for your reply.
Please guide appeal is
Question 1. under section 341 Crpc only
or
Section 341 CrPC read with 195 IPC
Rajendra K Goyal
(Expert) 15 July 2017
Show full case file and discuss with your lawyer.
